# County Court Rules (Northern Ireland) 1981, Rule 6N: Procedure for applications in proceedings for sexual offences

Extent: N.I.

(1) Subject to paragraph (10), an application under Article 28(2) of the 1999 Order for leave to adduce evidence of, or ask questions about, any sexual behaviour of the complainant shall be made by giving to the chief clerk notice in Form 137F and shall—
(a) be served on the chief clerk within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court; or
(b) be accompanied by a full written explanation specifying the reasons why the application could not have been served in accordance with sub-paragraph (a).
(2) An application in Form 137F shall contain the following—
(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;
(b) a full explanation of the reasons why it is considered that the evidence and questions fall within Article 28(3) or (5) of the 1999 Order;
(c) a summary of any document or other evidence to be submitted in support of such evidence and questions;
(d) where it is proposed that a witness give evidence at the hearing of the appeal as to the complainant’s sexual behaviour, the name and date of birth of any such witness.
(3) A copy of the application under paragraph (1) shall be served, by the applicant, on every other party to the appeal at the same time as it is served on the chief clerk.
(4) The prosecutor shall notify the chief clerk and the other parties to the appeal in Form 137G—
(a) whether or not he opposes the application, giving reasons for any such opposition, and
(b) whether or not he wishes to be represented at any hearing of the application,
and where the notice of application is received by the prosecutor more than 14 days before the date set for the hearing of the appeal, the notification must be served by the prosecutor within 14 days of receipt.
(5) Where a copy of the application is received by a party to the appeal other than the prosecutor more than 14 days before the date set for the hearing of the appeal, that party may, within 14 days, make observations in writing in relation to the application to the chief clerk and shall serve a copy of such observations on every other party to the appeal.
(6) In considering any application under this Rule, the court may request a party to the appeal to provide the court with such information as it may specify in Form 137H and which the court considers would assist in determining the application.
(7) Where the court makes such a request, the person required to provide the information shall do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case.
(8) An application under paragraph (1) shall be determined by a [ judge] following a hearing.
(9) The date and time of the hearing shall be—
(a) determined by the chief clerk after taking into consideration—
(i) any time which a party to the appeal has been given to respond to a request for information; and
(ii) the date fixed for any other hearing relevant to the appeal; and
(b) notified by the chief clerk to all the parties to the appeal.
(10) An application under Article 28(2) of the 1999 Order may be made orally to the court where the application is made after the hearing of the appeal has begun.
(11) The person making the application under paragraph (10) shall—
(a) give reasons why the appellant failed to make the application in accordance with paragraph (1); and
(b) provide the court with the information set out in paragraph (2).
(12) The chief clerk shall, as soon as reasonably practicable after the hearing of an application under paragraph (1), give notice of the decision of the court in Form 137I to all the parties to the appeal.]

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/32/chapter/3/rule/6N (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-32/chapter-3/rule-6N
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.